Legal Question in Sexual Harassment in Pennsylvania
Is this legal??
I called in sick this morning at my place of employment due to stomache cramps which lasted all night. My manager (who is a 21 year old male) asked me if it was ''that time of the month.'' I was shocked and insulted. I told him that if he really wanted to know I had diarrhea. He told me that I needed a doctor's excuse. I told him that I did not have medical insurance, however if he wanted to pay for my bill, I would gladly go. He then said, ''If you cannot provide a doctor's note, then you just may not have a job.'' I have never called out before and work 6 out of the 7 days. My question is this legal to ask ''if it's that time of the month'' and then to threaten my job for not going to the doctor for diarreah? Do I have a case? Thank you.
1 Answer from Attorneys
Re: Is this legal??
You asked if you were the subject of discriminatory action where a manager demeaned you.
It depends. You possibly were the suject of discriminatory conduct but it may not be actionable and as yet there are no damages. The analysis would be different if this is not a one time incident or if there is a pattern of such conduct among managers or even just with this manager.
An employer has a right to inquire as to a reason where an employee requests time off. But an employer may only inquire so much as to establish what type of need it is. Such as is it medical? Nor may an employer request a doctor's note for a medical excuse unless requested time off exceeds minimum standards. Nor may an employer make up such a policy on the spot. It would need to be applied evenly
You need to address this issue immediately and definitively. Not only was the manager an idiot, but he is a poorly trained idiot.
I would appreciate if you would give me a call on Thursday to disucss this matter. If there was an adverse action then I would definitely proceed against the employer by various means.
Regards,
Roger Traversa
email: [email protected]
phone: 215.279.8940
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